Page No.# 1/4 GAHC010312112019 2026:GAU-AS:9916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/9538/2019 ABDUL SALAM S/O AHMED ALI, R/O DOOMDOOMA TOWN, P.S.-DOOMDOOMA, DIST- TINSUKIA, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA, THE MINISTRY OF POLITICAL AND HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI 2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:TH ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI-781005 5:THE DEPUTY COMMISSIONER TINSUKIA P.O.-TINSUKIA Page No.# 2/4 DIST-TINSUKIA ASSAM PIN-786172 6:THE SUPERINTENDENT OF POLICE (BORDER) TINSUKIA P.O.-TINSUKIA DIST-TINSUKIA ASSAM PIN-78619 Advocate for the Petitioner : MR. L R MAZUMDER, MD. I HUSSAIN,MR. F A HASSAN Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 20-07-2026 (K.R.Surana,J) Heard Mr. I. Hussain, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned CGC; Mr. A. J. Ali, learned Standing counsel, ECI and Ms. A. Verma, learned Standing counsel, FT and Border matters. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner namely, Abdul Salam, has assailed the ex-parte opinion dated 28.05.2012, passed by the learned Member, Foreigners Tribunal, Dibrugarh/Tinsukia in F.T. Case No. 97/D/06 corresponding to P.E. No. 280/06, by which he was declared to be a foreigner of post 1971 steam. Page No.# 3/4 3. The learned Standing counsel for the FT and Border matters has opposed the maintainability of the writ petition on the ground of inordinate delay and laches in assailing the said opinion. 4. On a perusal of the Tribunal records, it is seen that the notice was stated to have been served in a substituted manner. However, on a perusal of the process server’s report, due compliance with the provision of Order 3 (5) (f) of the Foreigners (Tribunal) Order, 1964 is not found. The said provision requires notice to be affixed at the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided. Therefore, the delay in preferring the impugned opinion would not be fatal. Accordingly, the Court is inclined to set aside the impugned ex-parte opinion dated 28.05.2012. 5. The matter is remanded back to the said learned Tribunal for a fresh decision. The petitioner, who is duly represented by his learned counsel shall enter appearance before the said learned Tribunal within the outer limit of 24.08.2026. It is made clear that if the petitioner does not enter appearance within the time allowed, it would be open to the said learned Tribunal to treat the petitioner as absent in the proceeding and proceed with the matter in accordance with law. 6. The learned counsel shall produce a certified copy of this order as well as file his written statement of defence and file documents in support of his defence. The learned Tribunal shall thereafter make an endeavour to dispose of the reference in the time prescribed under Order 3 (14) of the Foreigners (Tribunals) Order, 1964. 7. The Registry shall send back the records expeditiously. 8. Writ petition stands allowed to the extent as indicated above. Page No.# 4/4 9. There shall be no order as to costs. JUDGE JUDGE Comparing Assistant